§ 5-406. Approval standards.

(a) Evaluation criteria.

As a guide to its decision on the facts of each case, the Board of Municipal and Zoning Appeals must consider the following, where appropriate:

(1) the nature of the proposed site, including its size and shape and the proposed size, shape, and arrangement of structures;

(2) the resulting traffic patterns and adequacy of proposed off-street parking and loading;

(3) the nature of the surrounding area and the extent to which the proposed use might impair its present and future development;

(4) the proximity of dwellings, churches, schools, public structures, and other places of public gathering;

(5) accessibility of the premises for emergency vehicles;

(6) accessibility of light and air to the premises and to the property in the vicinity;

(7) the type and location of adequate utilities, access roads, drainage, and other necessary facilities that have been or will be provided;

(8) the preservation of cultural and historic landmarks and structures;

(9) the character of the neighborhood;

(10) the provisions of the City's Comprehensive Master Plan;

(11) the provisions of any applicable Urban Renewal Plan;

(12) all applicable standards and requirements of this Code;

(13) the intent and purpose of this Code; and

(14) any other matters considered to be in the interest of the general welfare.

(b) Limited criteria for denying.

The Board of Municipal and Zoning Appeals or the City Council, may not approve a conditional use or sign unless, after public notice and hearing and on consideration of the standards required by this subtitle, the Board or Council finds that:

(1) the establishment, location, construction, maintenance, or operation of the conditional use or sign would not be detrimental to or endanger the public health, safety, or welfare;

(2) the use or sign would not be precluded by any other law, including an applicable Urban Renewal Plan;

(3) the authorization would not be contrary to the public interest; and

(4) the authorization would be in harmony with the purpose and intent of this Code.